A court in Cyprus has ruled the confession of a British man to killing his terminally ill wife was obtained lawfully and can be used in evidence against him.
David Hunter, a 75-year-old retired coal miner from Northumberland, is on trial for premeditated murder after a plea deal on the lesser charge of manslaughter collapsed.
His wife Janice, 74, died of asphyxiation in December at the couple’s retirement home near the coastal resort of Paphos.
Hunter has admitted killing his wife but his legal team has argued it was assisted suicide at her request.
His defence lawyers had also said that his confession should be inadmissible as evidence in the trial.
They claimed he was not provided with his right to a lawyer or to remain silent before statements were taken from him when he was arrested on suspicion of killing his wife.
His lawyers had previously called a forensic psychiatrist to give evidence, who said that Hunter was suffering from dissociation at the time and that his statements to medics should be inadmissible against him.
But on Tuesday, a judge at Paphos District Court dismissed the defence’s application and ruled that Hunter’s statement would be admissible in his trial.
Image: David Hunter is facing trial in Cyprus accused of murdering his wife Janice. Pic: Lesley Cawthorne
Image: The house in Tremithousa, Cyprus where Janice Hunter was allegedly killed by her husband David
The court found that Hunter was lucid at the time and was aware of what was happening, demonstrated by the fact he took pills and called his brother after allegedly killing his wife.
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It added that at the time of his arrest, he recalled to police and his brother in detail how he smothered his wife because he wanted to end her suffering and how he subsequently took a mixture of pills to end his own life.
Michael Polak, of Justice Abroad, the group representing Hunter, said the pensioner is “shocked and dejected” at the decision.
“We called a forensic psychiatrist to give evidence and his evidence was totally rejected by the court,” he said.
“With regards to the right to a lawyer, European human rights law would require David to provide an unequivocal waiver of his right to a lawyer, and in this case there hasn’t been one.”
Hunter’s lawyers said he was acting on the wishes of his wife, who they say was terminally ill with blood cancer.
Image: The grave of Janice Hunter at the cemetery in Tremithousa, Cyprus
An agreement between the prosecution and defence to reduce the murder charge to manslaughter collapsed late last year after prosecutors would not accept Hunter’s claim that his wife asked him to end her life unless he provided proof.
State prosecutor Andreas Hadjikyrou told reporters: “If we accept this, every other man in the future who kills a woman will say ‘we had an agreement’.”
Mr Polak added that the defence team will apply to the Supreme Court of Cyprus for a judicial review of the decision, which could lead to the trial being paused ahead of the next scheduled hearing on 28 March.
It was in the evening that the bombing started to intensify.
Salah Jundia, his father and brothers huddled together in their home in Shujaiyya, just east of Gaza City, trying to work out what to do.
It was too risky for them to leave at night. There were a lot of them too. Extended family living across four storeys. They decided they would wait until after dawn prayers.
The explosion tore through the building just before 5am, collapsing one storey on to the next.
Image: The aftermath of Israel’s bombing campaign in Shujaiyya, just east of Gaza City
Image: Salah Jundia
Jundia says he survived because pieces of bedroom furniture fell on top of him.
Then he looked for his father and brothers.
“I found one of them calling for help. I removed the rubble covering him with my hands. Then I saw another brother covered in rubble but he was dead,” he told Sky News.
Jundia added: “My father was also dead. My other brother was also dead. We got them out and that is when I saw that the whole building had collapsed.”
Over the next few hours, they scrambled to rescue who they could.
An aunt and uncle and one of their children, Shaimaa. Uncle Imad and his son Mohammad. The bodies of Montasir and Mustaf.
Image: One of the child victims of the attack on the home near the Gaza City
Image: Another one of child victims of the attack
Jundia says he could hear cries for help, but they were coming from deep in the rubble and were impossible to reach.
The rescue teams on site – civil defence they are called – did not have the kit to clear through three floors of 500 square metres, 30cm slabs of concrete.
Image: Rescuers drilling to try and reach the people trapped below the rubble
Image: Efforts to free those trapped beneath the rubble near the Gaza City
In the afternoon, Jundia says Israel’s Defence Forces (IDF) told rescue teams to leave as they would be resuming their bombardment.
Jundia buried the bodies he had managed to pull out but he knew 15 of his family members, 12 of them children, were still somewhere inside the rubble, still crying for help.
He made a desperate video appeal, begging the Red Cross and Arab countries to pressure Israel to grant access to the site. It was picked up on a few social media accounts.
Israel won’t allow heavy equipment into Gaza. No diggers or bulldozers, nor the fuel or generators to run them.
They say it will fall into Hamas’s hands.
It was a major sticking point during the ceasefire and it is a major issue now as the bombardment continues, given the fact that hundreds if not thousands of civilians might survive if there were the equipment to extract them.
Image: Members of Salah Jundia’s family left alive after the attack
Image: Salah Jundia and his surviving family
Civil defence trying to get to the Jundia family home over the next few days were halted because the IDF were in the vicinity. A family friend tried himself and was killed.
The footage that our camera teams have shot in Shujaiyya over the past two weeks shows how civil defence teams struggle to save those who are trapped and injured with the most rudimentary of equipment – plastering trowels, sledgehammers, ropes and small drills.
“The tight siege stops civil defence equipment from getting in,” says one.
They added: “So we are taking much longer to respond to these events. Time is a factor in getting these people out. So we call immediately for the necessary equipment to be allowed in for the civil defence to use.”
The IDF say they are investigating the circumstances around the Jundia family as a result of our enquiries.
In relation to the access of heavy equipment into Gaza, they say they work closely with international aid organisations to enable the delivery of humanitarian activities in accordance with international law.
The last contact Jundia had from beneath the rubble was a phone call from his uncle Ziad, three days after the strike.
“The line was open for 25 seconds then it went dead. We don’t know what happened. We tried to call, but there was no answer,” he says.
He and his family were displaced several times before they returned home to Shujaiyya – to Rafah in the south, then Khan Younis and Deir al-Balah.
Along the way, Jundia lost one brother and a nephew to Israeli bombs.
“We were happy and all the family came back. We went back to our house. It was damaged, but we improvised and we lived in it. We have nothing to do with the resistance. We are not interested in wars. But we have been gravely harmed,” he says.
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Economists had predicted that gross domestic product would grow by about 5.1% in January to March, compared with a year earlier. In the end, it grew 5.4%.
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It was in the evening that the bombing started to intensify.
Salah Jundia, his father and brothers huddled together in their home in Shujaiyya, just east of Gaza City, trying to work out what to do.
It was too risky for them to leave at night. There were a lot of them too. Extended family living across four storeys. They decided they would wait until after dawn prayers.
The explosion tore through the building just before 5am, collapsing one storey on to the next.
Image: The remains of Salah Jundia’s home in Shujaiyya, just east of Gaza City
Image: Salah Jundia
Jundia says he survived because pieces of bedroom furniture fell on top of him.
Then he looked for his father and brothers.
“I found one of them calling for help. I removed the rubble covering him with my hands. Then I saw another brother covered in rubble but he was dead,” he told Sky News.
Jundia added: “My father was also dead. My other brother was also dead. We got them out and that is when I saw that the whole building had collapsed.”
Over the next few hours, they scrambled to rescue who they could.
Image: One of the child victims of the attack on the home near the Gaza City
Image: Another one of child victims of the attack
An aunt and uncle and one of their children, Shaimaa. Uncle Imad and his son Mohammad. The bodies of Montasir and Mustaf.
Jundia says he could hear cries for help, but they were coming from deep in the rubble and were impossible to reach.
The rescue teams on site – civil defence they are called – did not have the kit to clear through three floors of 500 square metres, 30cm slabs of concrete.
Image: Rescuers drilling to try and reach the people trapped below the rubble
Image: Efforts to free those trapped beneath the rubble near the Gaza City
In the afternoon, Jundia says Israel’s Defence Forces (IDF) told rescue teams to leave as they would be resuming their bombardment.
Jundia buried the bodies he had managed to pull out but he knew 15 of his family members, 12 of them children, were still somewhere inside the rubble, still crying for help.
He made a desperate video appeal, begging the Red Cross and Arab countries to pressure Israel to grant access to the site. It was picked up on a few social media accounts.
Israel won’t allow heavy equipment into Gaza. No diggers or bulldozers, nor the fuel or generators to run them.
They say it will fall into Hamas’s hands.
It was a major sticking point during the ceasefire and it is a major issue now as the bombardment continues, given the fact that hundreds if not thousands of civilians might survive if there were the equipment to extract them.
Image: Members of Salah Jundia’s family left alive after the attack
Image: Salah Jundia and his surviving family
Civil defence trying to get to the Jundia family home over the next few days were halted because the IDF were in the vicinity. A family friend tried himself and was killed.
The footage that our camera teams have shot in Shujaiyya over the past two weeks shows how civil defence teams struggle to save those who are trapped and injured with the most rudimentary of equipment – plastering trowels, sledgehammers, ropes and small drills.
“The tight siege stops civil defence equipment from getting in,” says one.
They added: “So we are taking much longer to respond to these events. Time is a factor in getting these people out. So we call immediately for the necessary equipment to be allowed in for the civil defence to use.”
The IDF say they are investigating the circumstances around the Jundia family as a result of our enquiries.
In relation to the access of heavy equipment into Gaza, they say they work closely with international aid organisations to enable the delivery of humanitarian activities in accordance with international law.
The last contact Jundia had from beneath the rubble was a phone call from his uncle Ziad, three days after the strike.
“The line was open for 25 seconds then it went dead. We don’t know what happened. We tried to call, but there was no answer,” he says.
He and his family were displaced several times before they returned home to Shujaiyya – to Rafah in the south, then Khan Younis and Deir al-Balah.
Along the way, Jundia lost one brother and a nephew to Israeli bombs.
“We were happy and all the family came back. We went back to our house. It was damaged, but we improvised and we lived in it. We have nothing to do with the resistance. We are not interested in wars. But we have been gravely harmed,” he says.